JABoeingExpertServicesRedacted.pdf

Control No. 14-0011

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. CONTRACTING ACTIVITY: United States Army Corps of Engineers (USACE) Transatlantic Division, Middle East District (TAM), 201 Prince Frederick Drive, Winchester, VA, 22602.

2. DESCRIPTION OF ACTION: Award of a new Foreign Military Sales (FMS) Firm- Fixed-Price (FFP) service contract to support efforts of the King Saud Air Base, Saudi Arabia. This procurement is being made pursuant to the Letter of Offer and Acceptance (LOA) dated 22 October 2013, for FMS Case SR-B-HEU between the U.S. Government and the Kingdom of Saudi Arabia. The Middle East District is the Implementing Agency for this FMS Case.

3. DESCRIPTON OF SUPPLIES/SERVICES: The Government intends to utilize Boeing Corporation’s expert knowledge of to assist the Government in the design of a new Air Base in the Kingdom of Saudi Arabia named King Saud Air Base (KSAB). shall be assigned to the future KSAB base. Boeing Corporation owns the patent, design, and manufacturing of

Only Boeing Corporation can satisfy the contract requirement and is the only available source of the proprietary subject matter to satisfy the requirements of this new contract. Services include engineering and technical support, facility and infrastructure assessments, planning and programming efforts, among others.

Boeing Corporation will provide subject matter experts to participate as design package submission reviewers at the preliminary and pre-final master plan submission milestones. The design package submissions will be supplied to the contractor via electronic distribution and the contractor shall provide comments and reviews on the subject matter applicable to their devices and facility requirements via the Dr. Checks system, within the comment periods to be finalized at a later date. Additionally, the subject matter experts shall participate in teleconference-based technical clarification meetings during the development period of the Master Plan. This requirement has one option for follow on design support. It is anticipated that the Master Plan Development period shall commence 05 June 2014, with final submission in the month of October 2014. The FMS Case SR-B-HEU authorizes funding of this USACE acquisition, inclusive of this contract, in the amount of $40,000,000.00 and is funded through 15 September 2018. This new contract is estimated in the amount of $58,495.00.

4. AUTHORITY CITED: 10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii) Only one responsible source ad no other supplies or services will satisfy agency requirements, Defense Federal Acquisition Regulation Supplement (DFARS) 206.302-1(a)(2)(i)(1) Only one responsible source ad no other supplies or services will satisfy agency requirements.

5. REASON FOR AUTHORITY CITED: Pursuant to 10 U.S.C 2304(c)(1), as Implemented by FAR 6.302-1(a)(2)(ii), and DFARS 206.302-1(a)(2)(i)(1), “Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment including major components thereof, when it is likely that award to any other source would result in (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition.” Under this FMS Case, USACE will provide a comprehensive Air Base, Support Facilities, Housing, Morale- Welfare-Recreational Facilities, Infrastructure, Operations, Storage, and Utilities Base Master Plan, Cost Estimations, and other supporting documentation.

6. EFFORTS TO OBTAIN COMPETITION: Statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances. In this case, only Boeing Corporation can satisfy the contract requirement and is the only available source of the proprietary subject matter to satisfy the requirements of this new contract, therefore the Kingdom of Saudi Arabia requests this procurement be sole sourced to Boeing Corporation. Competition for this acquisition would result in a substantial cost to the Government as any prospective Offeror would have to reengineer the proprietary data held by Boeing Corporation.

7. ACTIONS TO INCREASE COMPETITION: In this case, the subject matter expert services to assist TAM in the development, design, and construction for a new RSAF base, KSAB, Saudi Arabia, are specific to the proprietary nature of the Only Boeing Corporation can satisfy the requirements of this new contract. This and future acquisitions will follow DFARS Subpart 225.73, Acquisitions for Foreign Military Sales.

8. MARKET RESEARCH: Market research was conducted to determine the availability of subject matter expert services for the development, design, and construction of a new RSAF base, KSAB, Saudi Arabia and its overall availability in the market from other sources. Government databases were queried using North American Industries Classification System (NAICS) 541330 Engineering Services. Among sources researched were the Defense Logistics Agency and the General Services Administration that yielded multiple vendors available under NAICS code 541330. The Government queried www.contractdirectory.gov and there were 19,875 contracts located under NAICS code 541330. The Government searched the World Wide Web on 21 May 2014, finding Boeing Corporation to be the only commercial vendor that could provide subject matter expert services to assist TAM with this requirement. Boeing Corporation has the capability to provide the required expert services.

9. INTERESTED SOURCES: In accordance with (IAW) FAR 6.305, Availability of the Justification, this justification shall be made publicly available within fourteen (14) days after contract award.

10. OTHER FACTORS: Under FMS Case SR-B-HEU, USACE has overall responsibility for the development, design, and construction of a new RSAF base, KSAB, Saudi Arabia. USACE may be tasked by the Host Nation for specific projects in whole or part as it pertains to Architect and Engineer Services, Program Management,

11. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name:

Title: Project Manager

12. REQUIREMENTS CERTIFICATION:

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Name:

Title: Project Manager

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable. Certified cost and pricing data is not required IAW FAR 15.403-1(b)(3), Prohibition on Obtaining Certified Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C. 254b). This acquisition will be procured under FAR Part 13.5 Test Program for Certain Commercial Items procedures. To determine fair and reasonable price, later in the process upon receipt of Contractors’ proposals, I will use the following techniques as applicable: comparison of the Independent Government Estimate (IGE), internet search for like items; established catalog or market prices; historical data from previous contracts, and comparison of General Services Administration (GSA) Schedule for expert services.

Name:

Title: Contracting Officer

14. CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name:

Title: Contracting Officer